473 F.2d 1374 (2nd Cir. 1973), 435, Lassiter v. Fleming

Docket Nº:435, 72-1876.
Citation:473 F.2d 1374
Party Name:William LASSITER, Plaintiff-Appellant, v. Correction Officer FLEMING, Queens House of Detention, Correction Officer Weaver, Badge No. 711, Queens House of Detention, Individually and in their official capacities, Defendants-Appellees.
Case Date:February 07, 1973
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 1374

473 F.2d 1374 (2nd Cir. 1973)

William LASSITER, Plaintiff-Appellant,

v.

Correction Officer FLEMING, Queens House of Detention, Correction Officer Weaver, Badge No. 711, Queens House of Detention, Individually and in their official capacities, Defendants-Appellees.

No. 435, 72-1876.

United States Court of Appeals, Second Circuit.

February 7, 1973

Argued Feb. 1, 1973.

Roger Boyle, New York City (Timothy R. Greiner, Flushing, on the brief), for plaintiff-appellant.

Beatrice Rothman, New York City (Norman Redlich, Corp. Counsel of the City of New York, Stanley Buchsbaum, New York City, on the brief), for defendants-appellees.

Before ANDERSON, FEINBERG and MULLIGAN, Circuit Judges.

PER CURIAM:

Plaintiff William Lassiter appeals from a judgment of the United States District Court for the Eastern District of New York after a non-jury trial before Jack B. Weinstein, J., dismissing his claim for damages under the Civil Rights Act of 1871, 42 U.S.C. § 1983, against defendants Raymond Fleming and Willis A. Weaver. Defendants were Correction Officers in the Queens House of Detention on October 24, 1970, when, according to plaintiff, they brutally assaulted him. At the trial before Judge Weinstein, at which 11 witnesses testified, two completely different versions of the facts emerged. While the judge deservedly complimented plaintiff's court-appointed counsel for their "magnificent" efforts, he found himself "in a state of...

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